§ 11-47-3.2 - Using a firearm when committing a crime of violence.
SECTION 11-47-3.2
§ 11-47-3.2 Using a firearm whencommitting a crime of violence. – (a) No person shall use a firearm while committing or attempting to commit acrime of violence. Every person violating the provisions of this section shallbe punished: (1) for the first offense by imprisonment for ten (10) years;however, if the violation was committed by use of a machine gun as defined insection 11-47-2(6), the term of imprisonment shall be thirty (30) years; (2)for a second conviction under this section by imprisonment for twenty (20)years; however, if the violation was committed by use of a machine gun asdefined in section 11-47-2(6), the term of imprisonment shall be life; and (3)for a third or subsequent conviction, the person shall be sentenced to life, orlife without the possibility of parole by the sentencing judge afterconsideration of aggravating and mitigating circumstances contained in§§ 12-19.2-3 and 12-19.2-4. Any sentence imposed upon a personpursuant to this section shall be imposed consecutively to and not concurrentlywith any sentence imposed for the underlying crime or attempted crime, and theperson shall not be afforded the benefits of deferment of sentence or parole;provided, that unless sentenced to life without the possibility of parolepursuant to subdivision (3) of this subsection, a person sentenced to lifeunder this section may be granted parole.
(b) Every person who, while committing an offense violatingsubsection (a) of this section, discharges a firearm shall be guilty of afelony and be imprisoned as follows:
(1) Ten (10) years, if no injury to any other person resultsfrom the discharge;
(2) Twenty (20) years, if a person other than a policeofficer is injured by the discharge of the firearm, or if a police officer whois engaged in the performance of his or her duty is deliberately endangered bythe person's discharge of the firearm; and
(3) Life, if a police officer who is engaged in theperformance of his or her duty is injured by the discharge of the firearm, orif the death or permanent incapacity of any person (other than the personconvicted) results from the discharge of the firearm.
(c) The penalties defined in subsection (b) of this sectionshall run consecutively, and not concurrently, to any other sentence imposedand, notwithstanding the provisions of chapter 8 of title 13, the person shallnot be afforded the benefits of deferment of sentence or parole; provided, thata person sentenced to life under subdivision (b)(3) of this section may begranted parole.